Franchise
Kennedy Van der Laan is the ideal sparring partner to create and improve your franchise network in the Netherlands and globally.Franchise is a highly successful business model that has taken off worldwide. The retail landscape has changed through e-commerce, the financial crisis and changing consumer preferences. Franchise laws globally are in the midst of change. Franchise laws in the Netherlands are franchisor friendly and transparent, there is no statutory protection of franchisees. In 2016, a self-regulation was adopted by means of the Dutch Franchise Code that stirred up a lot of dust. However, the government confirmed that the Dutch Franchise Code will not be given a statutory basis. An order in council (algemene maatregel van bestuur) setting forth rules for franchise in the pre-competitive phase (the meaning of 'pre-competitive’ is as yet unclear) is expected to be published soon.
In addition, compliance is a key factor. Product compliance and anti-bribery are always of concern. The EU regulatory framework such as for data protection and privacy (GDPR) and competition law is transforming. In the wake of the e-commerce sector inquiry, the European Courts of Justice’s decision in Coty on internet (platform) sales restrictions and the upcoming review of the Vertical restraints Block Exemption, what can be expected for non competition clauses, recommended resale prices, aligned promotions and datasharing in a franchise network?
We have actively engaged in this debate and Martine de Koning uploaded an academic response in the consultation of this franchise draft bill. We are recognized as thought leaders in the industry. We have assisted clients in the fashion, retail, health care, consumer goods, hospitality, travel, leisure and services industry to shape their strategy in this rapidly changing market and challenging legal environment.
We have extensive experience to handle any franchise issue internationally in Europe, America, the Middle East, Asia & Africa. We take an advisory role and, if needed, resolve disputes across borders through litigation or arbitration in order to achieve quick and effective results.
Our international team serves multi-national corporations and successful domestic businesses with international ambitions. We are active across all sectors and have special expertise in Fashion & Retail, Pharmaceuticals, Technology, Hospitality, Travel & Leisure.
The lawyers in our commercial department are renowned for providing outstanding service, superior market knowledge, innovative thinking & cost-effectiveness.
Contact Martine de Koning if you require our assistance.
Market recognition
The Legal 500 EMEA 2022 - Industry Focus: Retail - Tier 1
Kennedy Van der Laan has a ‘highly-skilled team capable of coordinating multijurisdictional matters for clients’. It has ‘excellent knowledge of the broader EU and Dutch regulatory framework for consumers and competition, in particular the regulatory framework relevant for product compliance, sustainability, advertising and greenwashing in commercial practices’. Practice head Martine de Koning is a leading authority on international franchising, distribution and agency, and her ‘knowledge about competition law is phenomenal’. Also recommended in her team is senior associate Jelle Blom, whose strengths include franchise and agency, commercial contracts, distribution, procurement, sourcing and EU competition law.
Practice head(s): Martine de Koning
Other key lawyers: Nico Jacobs; Jelle Blom
Leading Individuals
Martine de Koning
Rising Stars
Jelle Blom
Testimonials
- ‘Highly skilled team capable of coordinating multijurisdictional matters for clients and through cooperation with other law firms in Europe, providing succinct advice on issues covering large number of jurisdictions.’
- ‘I have worked with Martine de Koning who is an excellent lawyer. She has high-level and demonstrable expertise and she has excellent writing/drafting skills. Martine is personable and easily gains the trust of the people that she works with.’
- ‘This office is really well known in the retail sector. Really a top office. They also have an incredible client base and are very commercial and pragmatic towards their retail clients. It is one of the strongest firms in the Netherlands in retail.’
Chambers Global 2022 Franchising - Global Market Leaders – Martine de Koning
Based in the Netherlands, Martine de Koning draws praise for her "broad knowledge of distribution and franchising arrangements." She offers particular proficiency in EU law, frequently assisting clients with multi-jurisdictional franchising transactions across the continent.
Who's Who Legal 2022 - Thought Leaders Global Elite - Franchise
Martine de Koning is ranked by WWL as a Global Elite Thought Leader on Franchise.
WWL says: Martine de Koning draws praise as a “knowledgeable and practical lawyer who services household names, especially from a competition law perspective.”
